The State Department for Investment Promotion has stepped up efforts to operationalize the 3000-acre Dongo Kundu Special Economic Zone in Mombasa.
The Principal Secretary (PS) for Investment Abubakar Hassan said they have successfully resolved the land compensation row involving the Project Affected Persons (PAPs) during a multi-agency meeting to check the preparedness of the SEZ to admit investors.
The meeting at the Kenya Ports Authority (KPA) in Mombasa brought together Managing Directors from KPA, the Special Economic Zone Authority (SEZA), the National Land Commission (NLC) and officials from the Japan International Cooperation Agency (JICA).
Last year October, the Head of State halted the Sh1.4 billion compensation for the PAPs list to be audited to weed out non-residents from the list of 1759 beneficiaries not to disfranchise genuine residents.
The compensation was marred with controversies and allegations of corruption, most of the residents were on the verge of being deprived of their rightful compensation by rogue officials working in cahoots with land grabbers.
Dongo Kundu taking shape.
PS Hassan said after an assessment the project is ready to kick off, and all verified PAPs will receive compensation and be resettled. One investor has already set base at the SEZ and three more were admitted.
“There has been a small delay on the issue of the PAPs but the queries that were raised before have been resolved. In the next two months that PAPs issue will be no more,” stated PS Hassan, encouraging investors to apply for slots in the SEZ.
The Head of State, PS Hassan noted, had directed that to Dongo Kundu SEZ to operationalized quickly to facilitate investors entry for the people of Kenya to get economic benefits of the zone.
The multi-billion Dongo Kundu bypass is at 90 per cent completion. The dual carriageway project will play a pivotal role in the SEZ. It will facilitate the transportation of products to industries.
It will connect three main transport corridors: the Mombasa-Nairobi highway, the Mombasa-Malindi highway, and the Mombasa-Lunga Lunga highway.
“The Dongo Kundu bypass will be ready by May to connect to the hinterland. Construction of access roads to the port of Mombasa will commence in July,”
Dongo Kundu SEZ will have a power incentive of Sh10 for peak hours and off-peak Sh7.5 akin to the Naivasha SEZ.
KPA Managing Director Capt. William Ruto said they have received numerous applications from investors willing to set up businesses at the SEZ, he invited more investors.
“The government directive is that the zone should be in operation, we are slightly behind but we have solved all issues that were impeding progress,” said Capt. Ruto.
Interior and National Administration Principal Secretary (PS), Raymond Omollo, has called on the youths to embrace Technical and Vocational Education Training (TVETs), institutions to reduce unemployment in the country.
Omollo said joining TVET institutions will equip the youth with skills which they could use for self-employment and generate jobs for others.
Speaking, Tuesday, in Kanyadoto Ward, Ndhiwa Constituency, Dr Omollo advised the youth against developing the mindset that only the white-collar jobs were a measure of success.
He said the TVET institutions have the capability of providing the youth with skills which enable them to become job creators rather than job seekers.
“Let our youth who have not attained university grades in Kenya Certificate of Secondary Education (KCSE) exams join TVET institutions. This will equip them with skills which will drive the local economy,” Dr Omollo said.
He said the government had set aside more than Sh600 billion for building human capacity with TVETs given the priority. This is in a bid to equip the youth with skills, which are relevant in the job market.
“The government invested more than Sh600 billion to build human capital from the lowest level of education to the highest level. But the emphasis in this budget is TVETs,” Dr Omollo said
The PS said the government was also setting up digital laboratories in all wards in the country, to enhance the digital economy.
“Creation of the digital laboratories will give the youth access to the internet, enabling them to do online jobs and other activities, which can earn them a living,” he said.
He said that the construction of the digital laboratories will be funded from the National Government Constituency Development Fund (NG-CDF).
The PS said that the necessary legislation had been enacted to allow the NG-CDF to allocate funds for construction of digital laboratories in all wards across the country.
The PS also urged the youth to venture into agriculture, as a way of creating employment and boosting food security.
Dr Omollo told farmers to source subsidized fertilizers and increase production.
“Fertilizers have been subsidized, our farmers should utilize the incentive to produce more as the planting season begins,” Dr Omollo said.
Eight communities in Kenya have only 23 individuals in the public service out of 252,007 civil servants employed by the Public Service Commission (PSC).
A document tabled in the Senate reveals that two communities, Kikuyu and Kalenjin, have nearly half of all the civil servants at 96,248 which is gross over-representation in the public service.
The Kikuyu, with a national population of 8.1million or 17.13 per cent have 51,994 or 20.53 per cent of the total available jobs of 252,007.
Kalenjins, with a national population of 6.3 million or 13.37 per cent, have a cumulative 43,983 or 17.3 per cent of the total slots available in the public service.
Presented before the Senate National Cohesion and Equal Opportunities committee, the document indicates that the Kenyan Somali whose population is 2.7million based on the 2019 population census, has 6,801 or 5.85 per cent of the PSC jobs.
PSC Chair Anthony Muchiri in said that although the Kikuyu and Kalenjin communities are still grossly overrepresented, the commission is taking into consideration other marginalised communities.
Titled ‘Status on Equal Representation on the Recruitment Process in Kenya’s State Agencies’, Kenyan-American community has zero representation in the public service, Konso community has one representation, Dahalo two, Makonde two, Aweer three, Wayuu four and Kenyan European six, respectively.
Muchiri told the committee chaired by Marsabit Senator Mohammed Chute said the Kenya-Somali community is grossly under-represented while Turkana, Luhya and Mijikenda communities are under-represented.
The Luo community controls 7,774 or 10.36 per cent of positions while the Kamba community holds 6,874 or 9.16 per cent of employment in ministries and departments.
Kisii have 595 or 7.45 per cent positions while members of the Meru community hold 4,046 or 5.39 per cent of total employment in ministries and state departments.
Muchiri said 36 ethnic communities were represented in the ministries and state departments in line with the Kenya National Bureau of Statistics (KNBS) 2019 census, while nine ethnic communities were not represented.
Status implementation
Muchiri said the commission will undertake annual audits to determine the status of implementation of the affirmative action programmes, and make appropriate interventions in case of any challenges the implementing agencies face.
Article 234 (2)(a) (ii) of the Constitution has subject legislation bestowed on the Commission the mandate to appoint persons to hold or act in offices in the public service and confirm them in appointments.
The PSC report shows that the overall gender representation and inclusivity have improved from 31 per cent female in 2015/16 to 37.8 per cent during the 2022/23 financial year.
Article 54(2) of the constitution specifies that the State shall ensure the progressive implementation of the principle that at least five per cent of the members of the public in elective and appointive bodies are persons with disabilities.
Muchiri told the lawmakers that over the years the extent of overall ethnic representation and inclusivity of marginalised and minorities in the public service has improved from 35 during the 2015/2016 financial year to 45 communities by 2021/2022.
This is in accord with Article 56 (c) which provides that ―the state shall put in place affirmative action programmes to ensure that minorities and marginalised groups are provided with special opportunities for access to employment.
In addition, Section 10 (2)(d) of the Public Service (Values and Principles), Act 2015 serves as a guideline on the implementation of affirmative action for groups that may not be adequately represented in the public service or in a public institution.
Muchiri said in promoting ethnic inclusivity/representation the Commission has been guided by the proportionate representation of communities as reflected in the population census 2019, a move that has led to the majority of communities attaining normal representation as of the year 2021/2022.
The government has launched a free online training programme to empower youth in digital skills to tap into the online job market.
The program announced by the Ministry of Labour and Social Protection has been dubbed ‘FINYA Computer Free Online Training Programme’ in response to President William Ruto’s recent calls to the youth to utilize technology to earn a living.
The initiative aims to equip youth with essential knowledge and abilities necessary for thriving in the digital economy.
“The objective of the programme is to equip young people with knowledge, skills,and attitudes for digital/online work to enable decent work and earn an income from the Gig & Freelancing,”
The FINYA Computer Free Online Training Programme will cover a variety of modules designed to cater to different skill levels and interests.
The programme will offer Basic Modules such as Data Entry, Digital Marketing, and Virtual Assistance, providing participants with foundational skills crucial for online work.
Additionally, an Advance Module focused on Graphic Design will be available for those seeking to further enhance their expertise in this field.
Scheduled to run from 8 AM to 5 PM, the programme will take place from the 4th to the 8th of March 2024.
Participants will have the opportunity to engage in interactive sessions and practical exercises facilitated by experienced trainers.
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Eligibility criteria for the programme require applicants to be Kenyan citizens aged between 18 and 35 years old.
Additionally, proficiency in computer skills is essential to qualify for participation.
President William Ruto has put pen to paper on a Memorandum of Understanding (MoU) between Kenya Medical Research Institute (KEMRI) and Japan during his visit in Japan.
The MoU follows a new Japan grant of Sh3 billion to KEMRI to aid in construction of a high-level facility for training for scientists in research and development of biotechnology products that can quickly be used by the country in the event of a biothreat or a new pandemic.
The facility will contain high biocontainment laboratories with state-of the art equipment for use in disease surveillance, pathogen identification, drugs, vaccines and diagnostic kits design, discovery and development.
This is critical to the attainment of the Government’s Universal Health Coverage (UHC) agenda. By designing, developing, and producing local drugs, vaccines and diagnostics, especially those Point of Care diagnostics, KEMRI will be able support accelerated implementation of UHC.
The grant aid continues the Japan support for establishment and expansion of research facilities at KEMRI. The construction of the facility is also in response to the current Kenya Government initiative for building capacity in local manufacturing of medical products.
Japan, through JICA, has been KEMRI’s key partner in her capacity building efforts, and recently marked the 60th Anniversary celebrations of the Japan-Kenya Partnership in Health Sector, through JICA. It is arguable that KEMRI has received the lion’s share of Japan’s generosity in the health sector collaborative engagement with Kenya since its inception some 44 years ago which has resulted to partnership in Technical Cooperation & Capacity Building and Grant-in-Aid.
The lessons from the COVID-19 pandemic have accelerated Kenya’s effort to build local capacity to combat emerging epidemics and biothreat pathogens including capabilities to develop novel and effective medical products for the response.
In the GoK Initiative, KEMRI has been identified as an Institution of national strategic importance to lead in biotech research and development.
KEMRI’s Acting Director General and Chief Executive Officer, Prof. Elijah Songok lauded the signing of the MoU citing that this investment cement KEMRI’s forefront position in leading other Kenyan and Regional Institutions in enhancing Research and Development for the improved health and wellbeing.
“We thank our President and the Japan Government through this new initiative. With the construction of this new facility at KEMRI, we shall be able to support the country and the region in training a new cadre of scientist that will immensely contribute to the required expertise for research and local development of medical products,” stated Songok, who accompanied President Ruto on the Japan trip.
The Kenya Medical Research Institute (KEMRI) is a State Corporation established in Kenya in 1979 through the Science and Technology (Repealed) Act, Cap 250 of the Laws of Kenya operated under the Science Technology and Innovation Act, 2013 as the national body responsible for carrying out research in human health in Kenya.
Currently, KEMRI operates under Legal Notice No. 35 of March 2021KEMRI has grown from its humble beginning over 40 years ago to become a regional leader in human health research.
The Institute currently ranks as one of the leading Centres of excellence in health research both in Africa as well as globally
Mombasa residents have expressed displeasure on the government’s affordable housing project on grounds that there is no assurance that the average citizen will benefit.
In a charged atmosphere during the public participation session on the Affordable Housing Bill led by the Departmental Committee on Housing, Urban Planning, and Public Works in Mombasa, residents expressed grievances and demanded answers from the committee on gaps and existing grey areas related to the project.
The public participation coming hot on the heels of recent demolitions in Changamwe triggered further scrutiny, as residents questioned the government’s timing and approach.
Affordability of the housing projects repeatedly came under scrutiny, amidst doubts about their accessibility by common mwananchi.
The Johanna Ng’eno led committee heard public concerns over the questionable affordability of the housing project with residents saying based on experience with existing projects in Buxton, the average citizen could be a disadvantaged lot.
“You are saying that this is an affordable housing project. Have you seen what is going on in Buxton? Is there anyone from Moroto who has benefitted from the Buxton housing project?
Only those who are already house owners have purchased the Buxton houses and even as we speak now some have converted them to Air BnBs while the original Buxton tenants who were evicted are suffering outside there,” Bamburi resident Peter Kazungu said.
Emphasised concerns
Kazungu further questioned the committee, asking why they were addressing the issue now, given that demolitions had already taken place in Changamwe. He emphasised concerns about the sequence of events, suggesting that it might be putting the cart before the horse.
“We were promised that we would be returned to Buxton but it never happened. It is disturbing to see that it’s the rich who are buying the houses. Does it mean that the poor have no say? Some of us are widows and we are appealing for your consideration,” said another former Buxton resident.
Her sentiments were echoed by John Tsuma, also a former Buxton resident who said, “We are supposed to be allocated 184 units under phase one of the project while the residents 336 were supposed to occupy phase two. But this has never been the case.”
Suleiman Mwakitanga, a seasoned mason, appealed for 80 per cent of the workforce and occupants to be sourced locally, emphasising the importance of empowering the community through employment opportunities.
Similar sentiments echoed through the crowd, challenging the government’s narrative that the housing project primarily aimed to create jobs.
And in pointblank disapproval, Haki Yetu Land Program Officer and Legal advisor Munira Ali accused the Committee of attempting to massage the government’s disregard of rule of law by holding the public participation exercise.
Addressing the committee, Munira noted that according to the Affordable Housing Bill 2023, the government still prefers a mortgage finance mechanism, a scheme and a model that is beyond the reach of many who because of their low social status cannot afford to service a mortgage.
Home ownership
“Members of Parliament, whose financial problem are we solving? Whose housing problem are we solving? If Kenyans are struggling to pay house rent, how can they afford home ownership? So the only way to solve the housing problem is to understand it first, it is to ask housing for who?
“Whose housing problem are we solving? Who are the beneficiaries of affordable housing projects?” posed Munira.
While dismissing the public participation exercise as sheer waste of time, she charged “the people who really matter are members of the public, majority of Kenyans have spoken, majority have decided. Let us maintain the rule of law, let us respect the decision of courts, let us respect the decision of Kenyans.”
Amidst the concerns, issues of taxation surfaced. Residents questioned the fairness of taxing citizens, only to later witness advertisements for the completed houses priced in the millions.
State officials appears to give mixed signals on Thwake Multipurpose Dam project whose completion has been delayed over and over by the contractor China Gezhouba Group Company who’s now being viewed partially as incompetent.
The first phase of the Sh64 billion project was due to be finished by February 6, but this won’t happen as the contractor once again asked for a one year extension period as it became evident it won’t meet the deadline.
Despite the project’s consultant, Snowy Mountains Engineering Company (Smec), giving assurances that construction of the reservoir is 89 per cent complete, state officials seem not to be satisfied with the excuses given by the contractor and have given the clearest hint of considering replacing the contractor.
“The contractual completion date of the first phase of the project is February 6, 2024. The contractor has however given notice of intention to ask for extra time to complete the job due to various technical reasons including the El Niño rains. Once the application is analysed by the ministry, a decision will be made as to the new completion date,” Water Cabinet Secretary Zachariah Njeru told reporters when he led a government delegation in touring the project site on Tuesday.
A senior official involved in the management of the Thwake Multipurpose Dam project told a local newspaper in confidence that the Chinese contractor could be evicted from the dam site.
Njeru led government officials in pointing guns at the Chinese contractor, whom they accused of jeopardising the Vision 2030 flagship project, touted as the country’s biggest dam project.
The Thwake Dam project, touted as the second largest in the country after the Masinga Dam on the border of Embu, Kitui and Machakos counties, is jointly funded by the African Development Bank and the Government of Kenya. It will be implemented in four phases.
The first phase, the construction of the reservoir, reached a critical stage exactly two years ago after the contractor successfully diverted a section of the River Athi into two underground man-made channels to pave the way for the construction of the main dam across the river.
When President Uhuru Kenyatta visited the dam site in July 2021, the project’s lead engineer Samuel Alima led a team of senior Water ministry officials in assuring him that the reservoir would be completed by June, five months ahead of the November deadline, paving the way for the roll-out of the project’s three other components: hydropower, water supply and irrigation.
At the time, no one foresaw the hiccups that would rock the project in the months that followed, as workers walked off the job, citing delays in their salaries. There was further disruption when JTG Enterprises Limited, a Kenyan company, accused the Chinese contractor of breaching a contract between them. The matter is before the courts.
At the height of the dispute, MPs from the National Assembly’s Blue Economy and Fisheries Committee criticised the contractor when they visited the project site in October last year. The committee, led by Marakwet East MP David Kangogo, questioned why the Chinese company had not been able to mobilise money from other sources following delays in government disbursements.
The back-and-forth has fuelled fears among locals that President William Ruto’s administration is not keen on completing the dam. CS Njeru, however, sought to allay fears as he pledged the government’s full commitment to completing the project.
In financing the completion of the project, the CS hunted at the company’s lack of capacity to finance it from external sources, “President Ruto is keen to have the Thwake Dam project delivered on time. As the government, we shall do whatever we can to support the contractor. But the contractor should have the capacity and willingness to mobilise resources from other quarters when the government experiences a delay in the disbursement of money,” he said.
Smec in defense, had attributed Smec, government delays in paying the Chinese contractor, inflation, disruption to the economy caused by the Covid-19 pandemic and unforeseen challenges in resettling people affected by the dam project as the factors to blame for delays in its completion.
The government has begun paying Ksh300 million owed to Nzoia Sugar Factory farmers, President William Ruto has said.
He said the Ksh1.7 billion approved by MPs will significantly support the revival plans for the ailing sugar sector in the country.
President Ruto said all Nzoia farmers will receive their money in the next two days.
Speaking at the Nzoia Sugar Factory Grounds in Bungoma County on Thursday, the Head of State emphasised that reforms were being undertaken to breathe life into the struggling public sugar factories across the country.
“I want to assure you that a situation where farmers deliver their cane to the factory and are not paid will not happen again. A situation where workers not paid their salaries will not happen again,” said President Ruto.
He said the management, which will take over at the Nzoia must, among other, be ready to pay farmers and workers on time besides paying the county government of Bungoma between KSh300 million and Ksh 500 million a year.
“I shall meet with your leaders and agree on the correct formula because most privatised companies can pay their farmers and workers. This means the main problem at these public factories is poor management and not sugar cane farming,” said President Ruto.
Ruto issues cheque to the cane farmers.
The Head of State, at the same time, assured the residents that there were no plans to sell or privatise Nzoia Sugar Factory.
“I want assure you that we will have a new management that will pay farmers and workers their dues and salaries on time,” said President Ruto.
He said the government will allocate KSh500 million each to Nzoia, Chemilil, Sony and Muhoroni sugar factories to increase production.
“We will increase funds to the four sugarcane factories to enable farmers produce more so that Kenya stops importing sugar into the country,” he said.
President Ruto also announced that Bungoma will benefit from KSh1.2 billion to connect 25,000 residents to electricity.
He was accompanied by Deputy President Rigathi Gachagua, Speaker of National Assembly Moses Wetangula, National Assembly Majority Leader Kimani Ichung’wa, Health Cabinet Secretary Susan Nakhumicha, Bungoma Governor Ken Lusaka, MPs and MCAs.
Gachagua called on leaders to work together and provide solutions to challenges instead of creating more problems.
“Problems at Nzoia are internal and leaders should work together to resolve them,” he said.
Wetangula called for teamwork and unity in solving problems facing sugarcane farmers, and asked leaders to stop dividing the people out of malice and ignorance.
He praised President Ruto for his tireless efforts to revive public sugar factories in the country.
Earlier, President Ruto said every Kenyan deserves adequate and decent shelter.
“Through the Affordable Housing Programme, thousands of our youth can earn a livelihood. Already, 130,000 young people are working in various projects across the country,” said President Ruto.
He made the remarks when he laid the foundation stone for the construction of the 3,000-unit Kanduyi Affordable Housing Project in Bungoma County.
The President also launched the construction of Naitiri fresh produce market in Tongaren that will serve more than 2,000 traders, including Mama Mboga.
The facility will also provide linkages with the local economy as part of the government’s revitalisation of the markets programme.
Kisumu County Government has partnered with the mobile telco Safaricom to unveil a new Integrated County Revenue Management System (ICRMS) to offer a one-stop platform for residents to access and pay for various county services.
Governor Prof Anyang Nyong’o remarked that the bold decision to embrace the new, integrated, and automated system would not only enhance accessibility and transparency but also tremendously boost its Own Source Resource (OSR) collection regime.
“With this innovative approach, and if well managed, we hope to collect the county potential target of Sh2.2 billion and build on that next year. We have co-created this platform with Safaricom to provide a seamless and user-friendly experience for Kisumu residents and county officials to contribute to the overall efficiency of revenue management,” Prof Nyong’o said during the launch at the City Hall.
He added that the new revenue collection system is purely cashless and it has been made available on several channels to support seamless revenue collection, including the Safaricom App, Mobile App, and WhatsApp platforms.
While thanking the Kisumu County Revenue Board and Safaricom for their tedious work of putting the new system in place, Prof. Nyong’o noted that the revenue collectors have undergone adequate training on how to use and monitor the new platforms.
He expressed his satisfaction with the real-time verification of transactions and payments which has been made possible using secure unique identifiers including QR codes.
In addition, the system ensures Real-time reporting of all revenue transactions across all departments in the county.
The County boss also revealed that they were also introducing the Ushuru Centre; which is both a contact and call center from where the county revenue staff would be able to assist and resolve issues related to revenue from the citizens.
“The system has GIS Data Integration Capability which is intended to help the County Government Map all its revenue sources and resources to ensure enhanced service delivery and to make revenue collection easy and more organized, especially for the structured revenue streams,” he assured.
Notably, the smartphones being used are installed with new technology and capability to be used by the officers for revenue collection, and they can both work online and offline. The system passed the credibility tests upon undergoing the pilot testing for the Unstructured Revenue Streams which began on December 18, 2023.
The already rolled-out streams include; Markets, Town Parking, Bus Park, Cess, and Stock Rings, among others. Mooted plans are also underway to include in the new system the Unified Business Permit, Advertisements, Plan Approvals, and Rates.
Safaricom’s Chief Enterprise Business Officer Cynthia Kropac pointed out that the ICRMS would address the county’s challenges in optimizing revenue collection, administration, and reporting.
“The innovative platform will support various revenue services, including parking, cess, markets, advertising, property rates, and approvals, among other revenue services reducing queues and wait times at the county offices,” she affirmed.
Kropac emphasized that the ICRMS is designed to enhance citizen satisfaction by providing convenient payment options for services where residents could pay through various channels, including USSD (*427#), WhatsApp, the MyKisumu App, and a web self-service portal.
“The system which is Kenyan-made and locally-made ensures real-time integration with payment channels like MPESA and banks for accurate reporting and reconciliation of transactions. This will enable enhanced visibility and control are provided through dashboards accessible to executives, enabling effective monitoring of revenue performance and operations,” she said.
“At Safaricom, we are committed to leveraging our technological capabilities to drive positive change in communities across Kenya. The implementation of the ICRMS system in Kisumu County reflects our commitment to driving digital transformation for efficient service delivery, making services more accessible and convenient for all, and furthering our mission to connect, empower, and improve the lives of Kenyans,” said Kropac.
The ICRMS also incorporates transparency features, providing real-time updates on revenue collection and usage and fostering accountability and trust between citizens and the county government. Its implementation is aligned with Safaricom and #39’s broader mission to empower businesses and government entities through digital solutions.
Pointedly, the ICRMS utilizes Safaricom and #39’s technological expertise to streamline and modernize revenue collection processes, facilitating convenient payment for county services through multiple channels, thus enhancing accessibility and transparency.
Kropac further revealed that to enable end-to-end support, the East Africa Device Assembly Kenya Limited has come on board to provide smartphones required to run the revenue application used by dedicated revenue collectors. The devices are managed securely to ensure they are purpose-fit to run the revenue collection services effectively.
Prof Nyong’o informed that public sensitization is currently ongoing and he urged the county staff to remain disciplined and committed to the successful implementation of this great innovation.
“I want to appeal to everyone involved in revenue collection using this new system- from the revenue Board, the County Treasury and the actual collectors to ensure we meet our targets because it is now or never. I also want to appeal to our cherished taxpayers to support us by promptly paying their taxes and reporting any of our officers trying to manipulate the system. On our part as the executive, we assure you of secure, clean, and environmentally friendly trading spaces,” Nyong’o urged.
The Cabinet has approved the implementation of the Treasury Single Account (TSA) for National and county governments in a bid to enhance public finance management.
During a cabinet meeting chaired by President William Ruto at State House Nairobi today, the Cabinet underscored the importance of the TSA in simplifying government banking, creating visibility of government cash resources and increasing transparency in government cash management.
Additionally, the new system will help control expenditure and minimise fragmentation of government accounts in commercial banks.
The structure of the TSA will include the National Exchequer Account, the TSA Sub-Account and the County Revenue Fund.
“Government funds are banked in commercial bank accounts and individuals keep earning interest. This must stop. All the benefits of public funds must only accrue to the people of Kenya and no one else,” said President Ruto.
The Cabinet has also approved the implementation of the Electronic Government Procurement (e-GP) in both the National and county governments.
The move aims to enhance fairness, equity, transparency, competitiveness and cost-effective public procurement, potentially reducing costs by between 10 and 15 per cent, saving the government KSh90 billion yearly in public procurement expenditure.
The e-GP system is set to drive the Bottom-Up Economic Transformation Agenda, promoting sustainable and inclusive economic growth through the digitisation and automation of public procurement and asset disposal processes.
The Cabinet’s decision to implement electronic procurement is rooted in the understanding that digital transformation is essential for transparency, accountability and the establishment of an open marketplace for procurement agencies.
Electronic procurement will benefit the government, suppliers and the public through transparent information flow on expenditure.
Also given the go-ahead in Cabinet today are Public-Private Partnership Regulations whose aim is to improve the structure and performance of PPP projects. This move is crucial in creating a stable environment for public and private entities involved in PPPs and fostering a robust investment environment.
The regulations provide clear guidelines for planning, procurement, management and monitoring PPP projects, aligning with the Bottom-Up Economic Transformation agenda and incorporating environmental and climate change principles. The regulations will now be taken to Parliament for approval.
To fortify Kenya as a regional logistics hub, the Cabinet approved the Railway Amendment Bill 2024 that aims at initiating new ways of running railways and separating the business of freight, commuter and land development.
Kenya Railways is a big landowner in Kenya and most of the land is lying idle. This will be used to develop railway cities as is happening in Nairobi and will be extended to other major towns. The Bill proposes that the private sector, investors and even county governments run the railway cities. In such cases, Kenya Railways will become a regulator.
To address climate change challenges, the Cabinet approved Kenya’s Sovereign Green Bond Framework which seeks to secure alternative funding options for green and resilient investments amid rising climate change costs.
The Green Bond Framework is a financial instrument to raise funds for climate action, promoting a nexus between climate initiatives and economic development. The Cabinet recognises the potential of green bonds in mobilising resources for climate-resilient infrastructure, food and water security, and the deployment of green technologies.
The Cabinet also approved the draft Kenya Social Protection Policy 2023 which aims at cushioning the poor and vulnerable from socio-economic challenges. This policy aligns with constitutional mandates and national development goals, emphasising the importance of social protection in poverty alleviation and inclusive growth.
Other agenda approved by Cabinet were the Recognition of Prior Learning Policy, Establishment of the African Legal Support Facility and the Memorandum to Join the Asian Infrastructure Investment Bank.- PCS.
All passengers getting into the country will be subjected to advance screening using the Electronic Travel Authorisation if a proposed amendment to the law is enacted.
The Ministry of Interior has proposed a Bill, The Kenya Citizenship and Immigration (Amendment) Regulations, 2023 that seeks to amend the principal regulations by introducing advance passenger information (API) and to secure the data.
According to the Bill, API means the biographic data of a passenger or crew member and the flight details of an aircraft operator and other relevant details, against security databases before they even arrive in the country.
The proposed changes, introducing prescreening, follow President William Ruto’s announcement of visa-free entry to Kenya.
The airlines or agents will play a key role in providing information and where access to specific API is necessary to respond to a threat, the aircraft operator will supply accurate data to the director of Immigration.
If the information is found to be erroneous, faulty or misleading, the airline shall be liable to pay an administrative penalty of USD10,000 (Sh1.57million).
“An administrative penalty shall not be payable where the aircraft operator or pilot in command of the aircraft satisfies the director that the contravention was not made knowingly or recklessly,” the regulations state.
Immigration process
The amendment also seeks to digitise immigration processes and integrate border services to enhance efficiency, improve security measures, facilitate a streamlined travel experience, and ensure security.
The Regulations seeks to amend the principal regulations, the Kenya Citizenship and Immigration Regulations, 2012 by, for example, deleting the word “visa” and substituting it with the words “Electronic Travel Authorisation”.
According to the regulations, each person intending to travel into the country shall apply to the Director for ETA through the electronic portal and be in possession of the Authorisation before embarking.
However, possession of an Electronic Travel Authorization shall not constitute final authority to enter the country.
Each carrier coming into the country shall not on-board a passenger who does not hold a valid ETA.
The captain in charge of a carrier shall be responsible for ensuring that each passenger on board the aircraft holds a valid Electronic Travel Authorisation.
Country of origin
Any carrier that brings into Kenya a person who does not hold a valid ETA shall return that passenger to his or her last port of call or country of origin.
“Each carrier entering into Kenya or its operator or agent shall submit advance passenger information (API) and passenger Name record (PNR) to the director,” the regulations state.
For the purposes of carrying out assessment under these regulations, an Immigration officer may compare API or data against databases of persons sought or under alert watch list, including criminal deportees, suspected terrorists and other persons of interest to the intelligence community.
The officers shall handle the data exclusively within a secure location within Kenya, and all information will be processed in accordance with the provisions of the Data Protection Act, 2019.
Where an Immigration Officer determines that a passenger should be subject to further examination, he or she will give the control agencies -Directorate of Criminal Investigations, Anti-Narcotics Unit, Transnational organized Crime Unit, Antiterrorism Police Unit, National Intelligence Service (NIS), Kenya Revenue Authority (KRA) Customs, or the Port Health -the information.
The Director shall, six months after taking possession of API and passenger data, render the data elements unreadable to other people, commonly referring to as depersonalising.
The Director may however reverse the depersonalisation of data where such reversal is necessary for the purpose of preventing, detecting, investigating or prosecuting an offence.
The specified offences include terrorism; participation in a criminal organization; trafficking in human beings; sexual offences, including exploitation of children and child pornography; illicit trafficking in narcotic drugs, weapons and explosives; corruption; fraud; and laundering of the proceeds of crime.
Others are cybercrime; forgery of administrative documents; crimes within the jurisdiction of the International Criminal Court; unlawful seizure of aircraft; piracy; sabotage; and industrial espionage The data shall be kept for a period of five years.
Any visa that has been granted before the amendment shall remain valid for its unexpired period except where it is otherwise revoked in accordance with the provisions of the Act.
DATA NEEDED
According to the regulations, the API data elements relating to flight (header data) will include flight identification, scheduled departure date and time, and scheduled arrival date and time.
The information about the passenger and crew members on board include official travel document number; issuing state or organisation of the official travel document; official travel document type and expiry date; names, nationality, date of birth and gender; visa number, date and place of issuance; and primary residence among others.
The Battle of who should managed Mumias Sugar Company pitying the Rai brothers Jaswant Singh Rai of Rai Group and Sarbjit Rai of Sarrai Group has taken an ugly twist with the former resorting to financing a smear campaign against the latter.
It must be known that Jaswant has four Sugar Factories in Kenya namely West Kenya Sugar situated in Malava in Kakamega County, Sukari Industries of Ndhiwa in Homabay County, Olepito Sugar situated at Tangakona area in Busia County and the latest entrant Naitiri Sugar in Bungoma County.
With all these sugar factories the man still wants to add Mumias Sugar Company to himself. His bid to take over Mumias, was rejected by Ponangipalli Rao who was the Company’s Reciever manager.
Rao said that if the bid was awarded to West Kenya, it would amount to a dominant position as the Rai Group which owns West Kenya, controls atleast 41% of the daily total Sugarcane crushing capacity in the Country.
On the other hand Sarbi owns Kinyara Sugar and Hoima Sugar both in Uganda all under Sarrai Group and with each having a success story to share. It is from this background that the Reciever manager developed confidence in Sarrai and saw his capability to run Mumias Sugar Company hence awarding him a 20 year lease.
We should not also forget that the defunct Kenya Sugar Board (KSB) basing on the same reasons in 2011, rejected West Kenya’s application to set up a factory in Busia on grounds that it had a functional Sugar Mill in Malava in Kakamega County and at the same time holding an operating license for Bilibili site in Bungoma County.
What Kenyans should also know is the fact that KCB, The Treasury and the Ministry of agriculture had earlier invited Sarrai to come to Kenya to revive Mumias having seen his capacity after visiting the two sugar factories he owned in Uganda. He was initially not interested as he had anticipated these wars but later accepted after several considerations.
For Jaswant had wanted to have the Mumias Sugar neuclears where his plans were to transport Sugarcane to his companies and hence KCB believed they couldn’t recover their money with Jaswant being in control of Mumias.
It is in the same manner that Jaswant acquired a ones vibrant Panpaper Mills in Webuye at a throw away price of Ksh900 Million after duping the people of Western and Bungoma to be precise that he was going to revive it only to turn it into a Godown to stock cheap illegal sugar. He now brings paper from his Mufindi Paper Mills in Tanzania.
So for the Kenyan Media which should act as the farmers’ watchdog to allow itself to be used by Jaswant to drive a false narative about Sarrai so that he can take over Mumias Sugar Company is saddening and they should refer to the above reasons why he is not allowed to add another Sugar Factory to himself.
This is a man with a big appetite for the sugar Industry in Kenya where he wants by all means to dominate it and have the monopoly hence what Kenyans especially the Sugar farmers should know is that he will no longer be interested in sugarcane development immediately he succeeds to take over Mumias Sugar Company.
It is in black and white that his main agenda is to fully embark on Sugar importation as it is in the public domain that he has been in the center of illegal sugar importation in the Country.
You will all remember what happened to him in 2018 where his Raiply Paper Mills formerly Panpaper in Webuye was raided by the DCI where llegal Sugar worth Ksh250 Million was nabbed.
After cases of sugar suspected to be having laced with Mercury were reported in the Country, the sugar that was seized at the Raiply Mills was also taken for tests in the same year where same results were declared.
He was cleared by the Senate Committee which was led by former Kakamega Senator Cleophas Malala who is now the UDA Secretary General. He told the Country that after licking the sugar he found it fit for consumption.
Jaswant has now started a smear campaign against his brother Sarbjit Rai of Sarrai Group who won the tender to operated Mumias Sugar Company for the next 20 years. He has bought Newspaper Editors and bloggers to run fake stories about MSC and his brother with an aim of destabilising the giant Miller and tainting his brother as one who is not capable of running MSC.
A good example is a full page story that appeared in the Business Daily on 31st May 2023 with the header, ‘Loaders Pile More Woes On Sarrai In Battle For Mumias’. And to show clearly that this was a sponsored story to push Sarrai out of Mumias the Media House went ahead to add a subheading saying, “Workers Want The President To Fullfill His Pledge To Replace Firm With New Reviever Manager’.
The issue here is not about the incapability to run MSC but the President replacing the Sarrai with a new Receiver Manager. Many would ask who is this new Reviever manager that is supposed to replace Sarrai incase President William Ruto fullfils his promise as stated by the said Loaders.
What Kenyans and Sugarcane Farmers in particular should know is that there is enough evidence to show that Jaswant is now financing the campaign against Sarrai with the aim of seeing him out of Mumias so that he can take over and monopolise the sector.
What Jaswant vowed since 2011 when he first set up a Weighbridge within Mumias Sugar Zone at Tangakona in Busia County was to make sure that the ones giant sugar Miller which used to command East and Central Africa is dead so that he can take over as the leader in the market.
It is common knowledge that Jaswant is not ready to allow Mumias Sugar to roar back to life under a diffrent person if not himself for obvious reasons. He knows very well that if left undisturbed, MSC would roar back and it would push him out of business so he would rather push it into the grave for good rather than seeing it operating under a diffrent person something that Kenyans should know that it is not all about his brother Sarrai.
The people of Western Region whose economic backbone has always been Sugarcane farming should therefore keenly follow this happenings to see whether the Government of Kenya shall succumb to Jaswant’s financed anti-Sarrai campaigns and pressure.
Confusion is rife as to when exactly the Teachers Service Commission (TSC) Secretary/CEO, Dr. Nancy Njeri Macharia would be leaving office following two sets of rules in the Public Service.
The Commission extended her term in office for another five years in June 2020 meaning that she is supposed to vacate office in June 2025, but a circular released by the Public Service Cabinet Secretary Aisha Jumwa in February this year puts a new spin into the fate of the fiery TSC boss.
In February 2023, the government warned its relevant authorities against extending the service of public officers who have already attained the retirement age, with the CS reminding the Public Service Commission (PSC) that the mandatory retirement age for all civil servants is 60 years and 65 for people living with disabilities.
Consequently, Jumwa suspended all requests for extension of service presented to her table and also revoked the existing cases in a move she stated, would open way for proper succession management within Public Service.
The mandatory retirement age was reviewed by the government from 55 years to 60 years on April 1, 2009 while in November 2020 the PSC turned down requests from a number of civil servants who had requested for extension of service from 60 to 65 years.
With the new Government directive, the question is; will Dr. Macharia vacate office on the basis of the mandatory retirement age of 60 years or will she complete her term which was extended to June 2025?
Dr. Macharia will attain her retirement age of 60 this year, considering that she was born in 1963. Due to the lack of clarity on this matter, speculations are currently gathering steam within the teaching fraternity and TSC headquarters.
Dr. Macharia rose to the helm of TSC after taking over from her then immediate boss Gabriel Lengoiboni who retired in June 30, 2015 after holding the position for a good 11 years. Under her predecessor, Macharia had been serving as the Head of Teacher Management, a powerful docket that calls the shots within the teaching service.
Upon completion of her first term in 2015, she was swiftly awarded another mandate of five years despite opposition from stakeholders and educationists who were uncomfortable with what they considered her unpopular policy decisions.
Some of her controversial policies include the delocalization of teachers which almost broke teachers families but later repealed by Parliament last year, Career Progression Guidelines (CPG) for teachers introduced in 2018 which replaced the Scheme of service on teachers’ promotion.
The CPG later led to introduction of the Teachers Performance Appraisal and Development (TPAD) which is an online appraisal of teachers that broke the relationship between the Commission and the then Kenya National Union of Teachers (KNUT) Secretary General Wilson Sossion.
She was at one point blamed for being a force behind the wars between KNUT and Kenya Union of Post primary Education Teachers (KUPPET) between 2018 and 2020 when the then KNUT and TSC disagreed on various policies especially the implementation of CPG on promotion of teachers, rolling-out of the current Competence Based Curriculum (CBC) and the implementation of the 2016-2021 Collective Bargaining Agreement (CBA).
Nancy was also at the center of weakening of once powerful unions, KNUT.
It is the TSC boss who issued KNUT with a termination notice of the recognition agreement with the teachers Union.
In the letter, TSC boss Nancy Macharia had notified the National Labour Board that KNUT had plummeted below the number of members as noted in their 51 years agreement.
“The Kenya National Union of Teachers does not have the simple majority of unionise employees under the employment of the Teachers Service Commission as at November 4, 2019,” reads part the letter as quoted by local media.
This is happened just days after de-registering the then KNUT Secretary General Wilson Sossion from the teaching fraternity. The termination of Sossion was gazetted by the embattled Nancy Macharia.
This drew sharp criticism from many.
Dear Nancy Macharia Chief Ececutive Officer Teachers Service Commission
Always remember, you are a public servant with no security of tenure. Your retirement or arrest whichever comes first is always around the corner. Don’t let power get into your head. Don’t abuse power.
Teachers Service Commission @TSC_KE is a odious, authoritarian and cruel anti-teachers Institution. It's leadership led by CEO Nancy Macharia is nothing but state repression enforcer TOOL. Teachers, you either stand together OR you be hanged separately. REJECT TYRANNY!
Sad.She has outdone bureaucrats in the MoE during Moi era.She acts with impunity that is Jubilee.Whoever is behind her is powerful n hates teachers.She has killed the noble profession.Then some wonders y learners no longer act as in the past.Teaches don't care.They're demotivated
Nancy’s authoritarianism was also exhibited after the weakening of KNUT and emergence of National Teachers Pressure Group (TPG) an outfit that has become a target of TSC’s merciless anti-union tactics.
TPG led by their chairperson Martha Omollo have become victims of a TSC punitive teacher transfer scheme aimed at TSC critics and teachers’ unions. Mrs Omollo was transferred from a Nairobi school to a Trans Nzoia County school. Mrs Omollo was transferred when she became too vocal against the TSC management. This was Nancy’s way of silencing her and other members.
When they challenged the teacher’s medical scheme terming it frustrating, they were hit with transfer letters.
“TSC under Nancy Macharia has demonstrated its vile commitment to the destruction of teachers’ union through unfair labour practices and outright evil tactics that now include the transfer of teachers ostensibly to far-flung, hardship destinations.The situation at the TSC must be called out for what it truly is; a reign of terror.” Citizen TV’s Linus Kaikai at the time addressing the problem during a broadcast.
Insiders say Macharia has been enjoying a ‘well-greased’ relationship with the insurance firm to let go the contract that has also currently been advertised for renewal.
Under Nancy Macharia, TSC have previously been portrayed unfavourably by critics. High-handedness, impunity, condescension, egotism, unresponsiveness, harshness, and oppression are among the attributes exhibited in the TSC’s management.
She is the 9th Commission Secretary and CEO after Jesse Muhoro (1967 to 1974), James Kamunge (1974 to 1977), Duncan Mwangi (1978 to 1980), Joseph Lijembe (1980 to 1982), Mr Jackson Kang’ali (1982 to 1998), Benjamin Sogomo (1998 to 2003), James Ongwae (2003 to 2004) and Lengoiboni (2004-2015).
Central Rift Valley Water Works Development Agency (CRVWWDA) CEO Eng Samuel Oruma has come under attack for the manner in which he’s running the water body. Oruma who’s occupying the office controversially is said to acting with absolute impunity and ethnically profiling workers which includes unprocedural dismissal of staff members and targeting a particular community.
Currently, there’s a leadership wrangle at the agency playing out in court. Hosea Wendot the former CEO at the agency claims he was wrongly dismissed Wendot’s contract ended on April 30th, 2021. The Board then appointed Samuel Oruma as the acting C.E.O. The position was advertised on 13th July, 2021. By this time Wendot had been paid his gratuity for the 3 years we served at CRWWDA.
Hosea Wendot the former CEO.
Wendot wants to be reinstated as the substantive C.E.O yet Oruma is serving his 3 year term. Why is this important you ask? CRWWDA manages the water connectivity of more than 5million Kenyans in Central Rift Valley.
Samuel Oruma applied for the C.E.O position and he was successful and is currently the C.E.O. But on 14th February, We don’t obtain d high court orders by Justice H.K Chemitei nullifying the appointment of Oruma.
This is the Agency that supervised the now stalled Itare Dam valued at 40B before the Italian Contractor CMC Do Ravenna filed for bankruptcy in December, 2018. The solution lies with the appointing Authority, the Ministry of Water.
Oruma is being accused of being in contravention of the law by wrongful dismissal and ethnic discrimination.
A number of junior and senior employees have been fired under mysterious circumstances without following the laid down guidelines of the agency as those related to the CEO get employed to fill them without their positions being advertised.
In February the CEO verbally fired Environmental Officer Caroline Langat and drivers Daudi Kipkemei and Robert Ngetich. This week; on May 9 Oruma’s secretary fired Caleb Kimanyim (Human Resources Assistant), Julius Kipkosgei (Water Technician) and Huldah Chepkoech an engineer.
Also shown the door was Daniel Ndegwa who was the former CEO Wendot’s driver, Daniel Labatt (Water Technician) and Victor Chepkuto (Driver). Interestingly all the fired staff were not given one month notices as required by the agency’s human resource laws. They were terminated on May 10 and told to go home.
Additionally, most of these staff were working at the Kiptogot Kolongolo, Ugunja Sega Ukwala water projects and the Olkalou Sewerage projects which are yet to be completed. Their appointment letters had said that their contracts were valid until the completion of the aforesaid projects.
None of these employees were subjected to any disciplinary process before being fired. Interestingly, it appears that the disregard of procedures does not only exist in the way employees are fired at the agency but how they are hired too.
Among those who have been hired this way is the CEO’s brother Geoffrey Saidimu who currently works as a driver at the Chepareria Sewerage Project. Interestingly the project was supposed to be officially complete by July 4, 2022. The CEO’s driver is however still drawing a salary from the project to date.
The CEO also further employed Nancy Sepeko Musanka on 1st August 2021 as Communication Officer (Daughter in Law to CRVWWDA Director Lorna Timanoi) and Jimmy Leyian Nkowua on 1st February 2021 as Assistant Liaison Officer. Jimmy is a son to Lorna Timanoi who is one of the directors of the agency.
In a similar fashion, Raychelle Njambi who is a daughter to Mathenge Ndiritu, one of the directors was hired on the spot upon completion of her internship as a Corporate Communications Assistant on January 3 this year.
The CEO also in his absolute power wrote a letter of secondment of Justus Parsamai Lemein, an Engineer at CRVWWDA under Kilgoris Lolgorian Water Supply Project, in February 2023 to Narok Water and Sanitation Company Limited as an Acting Managing Director.
Curiously, Stephen Kuntayo (Cousin to Patrose Leshinka – 2nd Wife of the CEO and Principal Engineer at CRVWWDA), a Water Technician who resigned in August 2021 from CRVWWDA to accept a job in Kajiado County has in mysterious circumstances returned to the agency as a hydrologist. He was rehired on April 19 for the Bomet Mulot Water Project.
As seen in all these instances, the CEO has taken over the job description and responsibilities of the Human Resource Manager. She has been relegated to being a recipient of letters drafted by the CEO’s sleuths without her knowledge or professional opinion.
A Mombasa based lobby group is threatening to move to court and then stage major demonstrations in Mombasa over the Likoni floating bridge. The project done by the immediate former regime was estimated to have cost Sh1.9 billion to complete.
The project was done by the China Road and Bridge Corporation Company which is among the 13 companies that were blacklisted by WorldBank.
In 2009, China Roads and Bridge Corporation was barred for eight years, China state corporation and China Wu Yi were barred for six years, currently constructing Moi international Road, China Geo-engineering corporation was barred for five years, but currently constructing Mwache Dam in Kwale.
It is part of the reasons the lobby group now wants to seek legal redress, officials said.
Among the issues local leaders and the lobby group are seeking to solve include the isolation of youth-run and startup companies in the procurement process.
Coast Human Rights Network officials said they will be enjoining Sakawa Agency Limited in suit to seek justice
Michael Magak one of its key official said that some companies owned by Chinese are undermining Kenyans.
“This is a serious matter. A local agency was awarded the tender which must be paid. We will use all means possible so that they get justice,” he said.
According to legal notice number 2001 executive order by the president, youth owned companies, people with disabilities and women are not supposed to be victimized at the expense of the big companies.
Also at the center of the tender awards is the refusal by Chinese owned companies to pay Kenyan companies subcontracted with them.
Sakawa Agency Limited, a youth group that was subcontracted by the said Chinese company is already in court battling to be paid a sum of Sh29 million for terminating their contract.
“We were among the several people and companies that were shown doors by the Lizipping project manager who colluded heavily with officials to frustrate us,” the group says. It has also been established that such Chinese companies win tenders through mischievous methods including bribing top procurement officers and senior executive officers from mother ministries.
George Odidi, a consultant at the agency said they are at the losing end and now wants the government to intervene and help them in getting justice. “We have been struggling in court since 2020 upto now and no justice at all hence need for help,” he said.
An expose done by Nation – Kenya’s stadium millionaires – has laid bare how top government officials including current Cabinet Secretary for Trade and Industry Moses Kuria ended up profiteering from the unfulfilled promise by former President Uhuru Kenyatta and his then deputy William Ruto who had vowed to construct upto nine stadiums while seeking re-election back into office for a second term in the 2017 elections.
In the heart wrenching story, Nation uncovers how the top officials received hefty payment for not doing any substantial work on the projects if at all any with the majority of the facilities now slowly turning into white elephants and grazing fields in projects that were hoped would turn around the sporting sector in the country.
Karatu Stadium, Kiambu County
On January 5, 2017, Smith and Gold Productions Ltd was handed the site on which Karatu Stadium in Gatundu South constituency would be built.
The firm had bagged a tender to construct a world class facility for Ksh259,604,780.
Records from the Business Registration Service (BRS) indicate that the firm, incorporated on July 16, 2013, is jointly owned by Emerging Capital Holdings Ltd (700 shares) and Aloise Kinyanjui Kuria (300 shares).
Emerging Capital Holdings Ltd is fully owned by Mr Moses Kiarie Kuria, while Aloise KinyanjuiKuria is the CS’s brother.
The Nation reports Smith and Gold Productions Ltd had no previous record of building stadiums within specifications drawn by Sports Kenya, a department of the Ministry of Sports.
Approximately 40 per cent of the funds had been released to Smith and Gold, but only 20 per cent of work was done.
In 2020, the National Assembly Departmental Committee on Sports, Culture and Tourism noted that funds had dried up from the government side, but Smith & Gold had not done work equivalent to the Sh102 million it had already been released.
Kamariny Stadium, Elgeyo Marakwet
Funan Construction was hired to put up the Kamariny Stadium for Sh287,837,775.
The company was founded by Daniel Gacheru Ndiang’ui, who died in 2015.
He owned 900 shares at the time. His sons Peter Wambugu Gacheru, Joel Kaburi Gacheruand Daniel Ndiang’ui Gacheru each own 30 shares in Funan Construction.
The most famous non-existent stadium 🏟 in Kenya has got to be Kamariny stadium.
“ Kamariny stadium in West Pokot will be completed within 6months” and other short stories
NB: Kamariny 🏟 is in Elegeyo Marakwet right at the heart of Iten, the home of Champions.
David and his sister Fiona Wacuka Gacheruwere in 2017 given authority to manage their father’s estate pending completion of the succession process.
The company had received Sh81 million, or 28 per cent of the contract sum.
Sports Kenya reported work done to be at 30 per cent, but the National Assembly committee held that the completion status may have been exaggerated.
Kipchoge Keino Stadium, Uasin Gishu
Weihai International Economic & Technical Cooperative Company Ltd (WIETC) was tasked with putting up the Kipchoge Keino Stadium for Sh304,204,413.
The Chinese government-owned company had received Sh165 million, or 54 per cent of the contract sum.
WIETC was the only company hired to put up stadiums that rejected the return-to-work framework deal and instead issued Sports Kenya with a notice of contract termination.
The CS expressed his dissatisfaction at the construction pace, noting there was little progress made on the stadium he launched in 2012, during his first stint in the ministry. pic.twitter.com/cJksczKYrU
— Min. of Youth Affairs, Creative Economy & Sports (@moyasa_ke) December 11, 2022
The company cited breach of contract, through delay in funds disbursement, and oppressive terms in the return-to-work framework.
Interestingly, the Chinese firm was the only one in the pool of stadium contractors that was not accused of inflating its completion status.
WIETC had done approximately 60 per cent of the works despite receiving 54 per cent of the contract sum. After the Chinese firm’s exit, Golbo Construction Ltd won a tender to complete the works.
Golbo Construction is expected to finish the project whose total cost was Sh138 million, but it stalled again.
Kirubia Stadium, Tharaka Nithi County
Toddy Civil Engineering, which belongs to Kenya Revenue Authority (KRA) Board chairperson Anthony Mwaura, won a tender to put up Kirubia Stadium for Sh274,208,855.
Mr Mwaura owns 45,000 shares in the company, while his wife Rose Njeri Ng’ang’a has 5,000 shares. The script is virtually the same as that in Gatundu South. After funds dried up, a return-to-work formula was signed in 2020.
By this time, the firm had received Sh159 million and done approximately 70 per cent of the work.
Strangely, it was only midway through construction that MPs discovered that land allocated to the project was not enough to encompass all sports disciplines as hoped by government.
Wote Stadium, Makueni County
In Wote, Makueni County, another set of politicians was contracted to put up a stadium for Sh299,309,554.
Taphes & Nitram Enterprises was also to complete the project in eight months.
The @NationAfrica headline today is completely misleading by claiming contractors were paid for incomplete stadia. I, for example, was in Wote town recently and I toured this brand-swanking-new STADIUM in operation! Look at it, isn’t the Wote Stadium world class? @SpiceFMKEpic.twitter.com/7zc2hFef2D
BRS records show that Josphat Mwanzia Kasyoka owns 900 shares in the company. Mr Kasyoka unsuccessfully vied for the Kyeleni Ward Representative seat in the 2022 General Election.
In February, 2021 then Sports CS Amina Mohamed fired Taphes & Nitram. She stated that the ministry did not believe in the firm’s capacity to deliver the project.
Just like Mr Kuria’s firm, Taphes & Nitram had received nearly 40 per cent of the contract sum but only done approximately 20 per cent of the work.
And just like Mr Kuria’s firm, there was no evidence to show that Taphes & Nitram had experience in stadium construction.
The National Assembly committee found that Sports Kenya may have approved payment for incomplete work.
Marsabit Stadium, Marsabit County
In Marsabit County, there was hope that a new stadium would promote sports and revenue diversification in the country’s second biggest devolved unit.
Sports Kenya hired Benisa Construction Ltd for the project for Sh295,236,215.
At the time of the National Assembly report, the firm had received Sh125 million, or 42 per cent of the contract sum. While Sports Kenya claimed that 45 per cent of the work had been done, the committee that visited the site begged to differ.
The committee held a similar opinion on most of the other stadium projects, an indication of possible collusion between Sports Kenya officials and private firms to inflate completion rates, in an attempt to fast-track payment for work not done.
Benjamin is also the father to socialite Joan Kubai.
Benisa Construction Ltd is owned by Benjamin Kubai Macharia (500 shares), his wife Isabella Wairimu Kubai (250 shares) and son Jadiel Macharia Kubai (250 shares). The company was incorporated on June 17, 2009.
A parliamentary committee has ordered the Ministry of Tourism and Wildlife to stop the completion and construction of the multi-billion Ronald Ngala Utalii college until a probe it has initiated is finalized.
The National Assembly Departmental committee on Tourism and Wildlife wants the National Treasury to provide a clear roadmap on how it will finance the project as well as clear the pending bills which include penalties arising from delayed payment and lack of funding on time.
The first phase of the project, funded by the State through the Tourism Fund, includes administration and tuition blocks, hostels, staff quarters, and a dining hall.
The Tourism Fund is seeking Ksh3.3 billion shillings to complete the construction of the facility which includes clearing pending works of Ksh1.2 billion, operation of the project (furniture sh. 215 million shillings and Services Ksh433 million shillings) and pending bill of sh. 1.5 billion shillings.
The project which started as a Vision 2030 project was earmarked to be completed in 2018 at 4.9 billion shillings but is now scheduled to consume up to 11 billion shillings once completed, as of February 2023 and is 77.74 per cent complete.
A special audit by the Office of the Auditor General on the circumstances that led to the escalation of the project from its original Sh1.9 billion cost to Sh8.9 billion before it was scaled down to Sh4.9 billion.
The contract for the main works was awarded to the third lowest pre-qualified bidder, Mulji Devraj and Brothers Ltd at Sh8.96 billion and signed on May 14, 2013.
Addressing a press conference on Monday after touring the facility accompanied by Tourism Principal Secretary John Ololtuaa and officials of Tourism Fund, Maara MP Kareke Mbiuki, who chairs the committee, said the national government must make up its mind on whether the project, remains stalled and continues to accrue interest and penalties, or money is allocated to complete the project.
Mbiuki directed the ministry not to allocate any monies for purposes of its completion or settling pending bills as well as penalties, until such a time the committee is seized with the matter, makes a report to be tabled in parliament proposing a funding formula, and a report on the implementation of the project.
“So, for the time being, don’t dare appropriate or allocate any amount to this project, not until, we have a serious discussion with President William Ruto’s administration to agree on a way forward. Let pending bills stay as they are but don’t touch even a coin within the sector, but the other campaigns within the tourism sector can proceed as scheduled, but as Ronald Ngala Utalii college, allow us almost two weeks or one month as we work on the rescue program,” he said, adding that his committee will also be in serious consultation with the ministry.
The Maara legislator lamented that it was unfair for the National Treasury not to finance the institution, which will complement the Kenya Utalii College in Nairobi, offer maritime courses as well as contribute to the promotion of tourism.
“We don’t want the project to be left to the Tourism Fund and Tourism Promotion Fund because they cannot raise the monies owned to the contractor, consultants, and charges as well penalties that have already been accrued due to defaulting by the state,” he held.
According to Mbiuki, the ministry of tourism and its state agencies cannot be left to finance the remainder because they have other obligations to meet like allocating resources to Kenyatta International Conference Centre (KICC), Kenyatta Utalii College among others.
He said his committee will be engaging the National Treasury to ensure that the project is allocated monies for its completion.
“We want the National Treasury to come and commit to allocating funds to this project because in the supplementary budget, there was zero allocation and in the Budget Policy Statement, the allocation is still nil, once monies are allocated it will supplement what you (ministry) have already assigned to the project,” he held.
Tourism Principal Secretary John Ololtuaa disagreed with the committee’s decision asking it reconsiders its decision to stall the project as money has already been put into it saying the only solution is to complete it.
“I think the objective should be one. How it should be completed as well as thinking ways of raising money for the project especially if there is a way stakeholders can all together reach out to the National Treasury to also either put it as an emergency to finish the project once and for all,” said Ololtuaa.
While agreeing on the project to be stalled, Nominated MP Abubakar Talib Ahmed, who is a member of the committee said there ought to be serious interrogation by the committee as the project had all characteristics of a white elephant. “This is a white elephant. The committee should have a serious consultation interrogation of the project, as you advised Kenya Tourism Board and Tourism Fund not to put a single shilling into the project until we get to the bottom of it,” said Abubakar.
Other committee members include Wanjiku John Njuguna (Kiambaa), Kilel Richard (Bomet East), Ruku Geoffrey Kiringa (Mbeere South), Chebor Paul Kibet (Rongai), Shake Mbogho Peter (Voi), Mugabe Innocent Maino (Likuyani), Abdi Khamis Chome (Voi), Obo Ruweida Mohamed (Lamu East), and Bedzimba Rashid Juma (Kisauni).
The committee is on a five-day coast region inspection visit to flagship projects with the Ministry of Wildlife, Tourism, and Heritage, its departments, and agencies under its purview.
A local newspaper has reported that David Mwangi, the current Tourism Fund CEO, used the former tourism CS Najib Balala to stage a coup and Kebs the plum job.
According to the report, Mwangi used Mahendra Halai, owner of MuljiDevraj and Brothers Ltd a firm that was involved in the controversial construction of Ronald Ngala Utalii College. The powerful family wanted to have a friendly CEO at the helm of Tourism Fund “to facilitate dubious payments” the paper notes.
To effect the plan, the then fund’s CEO Joseph Cherutoi and the then director of corporate affairs Eric Kiplagat were to be sacrificed. They were reportedly forced to resign by the then board of trustees chairman Alfonse Kioko who had since been replaced at the board. Ruto revoked his appointment.
The staff now want Samson Kipkoech who was recently appointed to head the board by Ruto to investigate and unearth to real issues behind the exit of the two.
It is imperative to note that Balala and Mwangi babes feature prominently into the ongoing probe of irregular payments in the acquisition of Kenya Utalii College, Mwangi served as an accountant at the institution.
The college was initiated in 2007 under the regime of President Mwai Kibaki but stalled after the committee and Ethics and Anti-Corruption commission (EACC) raised concern over increased cost of construction.
In 2021, the then Tourism CS Najib Balala appointed a task force to look into the mandate of Kenya Utalii College, sustainability of its operations as well as financing and sources of the funds.
The National Assembly’s Public Investments Committee (PIC) ordered the Office of the Auditor General to conduct a special audit on the circumstances that led to the escalation of the project from its original Sh1.9 billion cost to Sh8.9 billion before it was scaled down to Sh4.9 billion.
The contract for the main works was awarded to the third lowest pre-qualified bidder, Mulji Devraj and Brothers Ltd at Sh8.96 billion and signed on May 14, 2013.
The irregular transfer of the project to Tourism Fund was done by Balala in a Gazette Notice dated April 9 2019, in what is believed to creating an avenue to fleece the fund.
The Asian family were reportedly uncomfortable with the management of Cherutoi and it’s why they wanted a friendlier CEO like Mwangi to execute their plot. The family is also said to have contributed fairly to the unsuccessful presidential campaign of Azimio leader Raila Odinga.
Cherutoi had reportedly questioned why despite having the third lowest bid of Sh8,961,370,998, Mulji Devraj and brothers were favored. This got Balala agitated.
Since he was named the CEO, Mwangi has reportedly made a number of changes in the management targeting those who were sympathetic to his predecessor. The report says they Mwangi is worried after managers started questioning why he was picked as the CEO from a regional office in Mombasa. Further, he is said to be at war with almost all the managers mostly based in the procurement department. They accuse him of witch-hunt, tailoring tendering processes and micromanaging happenings at the troubled Tourism Fund.
Project stopped
Meanwhile, a parliamentary committee has ordered the Ministry of Tourism and Wildlife to stop the completion and construction of the multi-billion Ronald Ngala Utalii college until a probe it has initiated is finalized.
The National Assembly Departmental committee on Tourism and Wildlife wants the National Treasury to provide a clear roadmap on how it will finance the project as well as clear the pending bills which include penalties arising from delayed payment and lack of funding on time.
The first phase of the project, funded by the State through the Tourism Fund, includes administration and tuition blocks, hostels, staff quarters, and a dining hall.
The Tourism Fund is seeking Ksh3.3 billion shillings to complete the construction of the facility which includes clearing pending works of Ksh1.2 billion, operation of the project (furniture sh. 215 million shillings and Services Ksh433 million shillings) and pending bill of sh. 1.5 billion shillings.
The project which started as a Vision 2030 project was earmarked to be completed in 2018 at 4.9 billion shillings but is now scheduled to consume up to 11 billion shillings once completed, as of February 2023 and is 77.74 per cent complete.
A special audit by the Office of the Auditor General on the circumstances that led to the escalation of the project from its original Sh1.9 billion cost to Sh8.9 billion before it was scaled down to Sh4.9 billion.
While agreeing on the project to be stalled, Nominated MP Abubakar Talib Ahmed, who is a member of the committee said there ought to be serious interrogation by the committee as the project had all characteristics of a white elephant. “This is a white elephant. The committee should have a serious consultation interrogation of the project, as you advised Kenya Tourism Board and Tourism Fund not to put a single shilling into the project until we get to the bottom of it,” said Abubakar.
Lawsuit
In July 2022, human rights lobby groups filed a case seeking to block the handing over of Ronald Ngala Utalii College in Kilifi to the government over alleged corruption in its construction.
In their petition at the High Court in Mombasa, the activists claim building the college was initially budgeted for Sh2 billion but that cost had risen suspiciously to Sh9 billion.
They sued the Cabinet Secretary for Tourism and Wildlife, Tourism Fund, Mulji Devraj & Brothers Ltd, Baseline Architects Ltd, Speaker of the National Assembly, Public Investment Committee of the National Assembly and Attorney-General.
They wanted a permanent injunction issued restraining the contractor from handing over the college to the government or having it inaugurated.
The activists, all from Kilifi County, also wanted the court to declare that the respondents violated the rule of law by failing to account for public funds released for the construction of the college.
They argue that from the time the tender was awarded, there have been several variations that had the effect of creating loopholes for siphoning public funds.
A report from the Auditor-General, they say, indicates that the Tourism Fund has not been remitting financial statements for the college for review and that its management has not provided an analysis of the transfers made by the National Treasury.
They also argue that the audit report indicates that no record of contracts entered into between the Tourism Fund and consultants were provided for audit.
The activists say the Auditor-General’s report also stated that the college had not submitted financial statements for audit, contrary to the provisions of the Public Finance Management Act.
They say that, among other conclusions, the report said that no evidence was provided to confirm that procurement of architectural and other consultancy services was preceded by an advertisement for expression of interest by potential contractors.
“The petitioners contend that the respondents are responsible for the loss of public funds which cannot be accounted for as explained in the auditor’s report,” they argue.
They say that they and other citizens have a fundamental right as taxpayers to be protected from waste of public resources.
The anti-graft agency is closing in on senior officers at the troubled West Kano Rice Irrigation Scheme over alleged embezzlement of Sh54.3 million meant for farmers.
Ethics and Anti-Corruption Commission (EACC) boss Twalib Mbarak said the agency has completed investigations into the matter. Appearing before the Senate Agriculture committee chaired by Kirinyaga Senator James Murango, Mr Mbarak said they will press charges against officials of the scheme found culpable of pilfering the funds.
“The field investigations are complete and are now under review. We are in the process of reviewing to inform appropriate recommendations,” said the EACC boss.
The development follows a petition claiming massive embezzlement of the farmers’ money by the management of the scheme.
Petitioner Patrick Ochieng, appearing before the committee last month, accused the EACC Western region officers of inaction despite reporting misappropriation of funds released to the scheme by the government. He alleged that the scheme received millions of shillings from the government between 2007 and 2021 for rehabilitation, economic stimulus package, farmers’ savings and rice sales.
The petitioner claimed that between 2009 and 2015, the government released Sh86 million, with the farmers’ savings totalling Sh18 million.
The expenditure of Sh54.3 million, Mr Ochieng said, cannot be accounted for by the management under the West Kano Irrigation Farmers Revolving Fund. He said that the revolving fund was an umbrella body for 59 self-help groups and was meant to advance cash to farmers for transplanting, weeding and harvesting.
The revelations prompted the Senate committee to launch investigations into the alleged graft at the scheme.
Mr Ochieng had pleaded with the committee to recommend a forensic audit of all the officials involved in the management of the scheme between 2007 and 2021 as well as to help set up a team of experts to identify gaps in the current scheme management system.
EACC stated that the scheme received a grant of Sh54.3 million under the Economic Stimulus Programme in the financial year ended June 30, 2010 to be advanced to farmers to improve rice production.
Mr Mbarak defended the commission saying that they are understaffed and lack adequate resources to complete investigations in time. He said they had received more than 9,000 cases on corruption including bribery and other petty offences, some very negligible, yet they are understaffed and operating with very little resources.
“We have visited other jurisdictions and the best practice is that they investigate only serious cases. Here, we get more than 9,000 cases,” said Mr Mbarak.
The High Court has ruled that interest, penalties or fines imposed by the Higher Education Loans Board and which exceed the principal amount is unconstitutional.
Justice Alfred Mabeya declared that fines imposed by the board that exceed the principal amount is in contravention of article 43(1)(e) and (f) and article 27 of the constitution.
The judge further declared that section 15(2) of the HELB Act is unconstitutional to the extent that it leads to interest rates and fines becoming more than the principal amount advanced.
The judge further ruled that HELB is not entitled to recover from the petitioners former students including Ann Mugure, Davis Nguthu and Wangui Wachira, stating that the amount exceeding double the amount advanced to be in contravention of the in duplum rule.
The former students moved to court arguing that they borrowed loans from HELB to advance their undergraduate studies.
They accused HELB of charging exorbitant interests and penalties which often grow beyond double the principal amount owed, thereby making repayment difficult.
They argued that on 19th November 2020, HELB through their twitter handle threatened to publish the names and photos in the newspaper of defaulters since 1975 and issued a 30 days repayment notice.
Mugure who is a youth living with disability said she borrowed Sh82,980 in July 2004 and at an interest rate of 2 percent and as of July 2016 the debt had accumulated to Sh540,464.
Nguthu said he borrowed Sh146,000 in July 2016 and as of March 2021, the amount stood at Sh335,207.28 while Wachira had borrowed Sh135,000 in July 2016 and as of February 2021 the amount due was Sh336,573.83.
The three argued that the debt had doubled the principal amount and that the interest rates and penalties were exorbitant and contravened the beneficiaries’ social economic rights as enshrined in the constitution and made it difficult for them to repay the loans.
They further told the court that the beneficiaries with non-performing loans were denied clearance which was necessary for job application thereby being denied employment opportunities in both public and private sectors.
“The non-performing loans were due to the hefty interests and penalties whereas most beneficiaries were youth who are considered a vulnerable group under article 55 of the constitution,” they told the court.
The three argued that HELB violated the constitution and law by charging of interest, fee and penalties and increased the debt to more than double the principal in contravention of section 44A (1) and 1(2) of the Banking Act, section 43 (1) c and (f) of the consumer right under article 46 section 1 of the constitution.
They argued that by imposing a fine of not less that Sh5,000 in respect of each loan deduction that remains unpaid, section 15 (2) of the HELB act contravened the in diplum rule as it increased the charges and interests.
HELB had opposed the application through a replying affidavit saying that the establishment and operations of HELB was designed to secure the socio economic right of all Kenyans and the effort made on loan recovery was to ensure sustainability of the fund to continue empowering people’s brains.
